On behalf of Stange Law Firm, PC posted in father’s rights on Thursday, June 13, 2019.
Some Missouri couples who have children find their relationship improves once their divorce is finalized, and they are settled in their respective new homes. For others, the same conflicts that prevented the continuation of the marriage make post-divorce contact problematic. However, where those problems rise to the level of causing one parent to interfere with the other parent’s time with the children, it may be necessary to return to the family law court to address the issue.
Matters of child custody and child support are in many cases agreed upon by the couple informally and generally accepted by the court. When that agreement becomes part of the final order, family law legal experts caution that violating the terms of the agreement is a violation of a court order. Even where one parent feels justified in acting, such as a mother withholding child visitation for lack of support payments, unilateral action in contravention of the parenting agreement is not permitted. Fathers’ rights can be enforced.
There are other less obvious ways to interfere with parenting time than simply preventing contact. One parent can make the exchange of the children difficult by always being late, changing days and times at the last minute, or making excuses as to why the children are unavailable. Parenting time interference can also include more subtle actions such as making the children unavailable for phone calls, failing to inform the other parent of school or extracurricular activities, or even by regularly speaking poorly of the other parent to the children.
An experienced family law attorney might help craft parental agreements that work for all of the parties involved. When necessary, the court may be petitioned for remedies such as make-up parenting time, counseling, fines and attorney fees, or a modification of the parenting agreement.